There is no definitive time frame for how long it takes for divorce mediation in California. Divorce is a challenging chapter in anyone’s life, and the delay and escalating costs of litigation can add to the myriad of emotional and logistical stressors. In California, where divorce rates are significant, couples can pursue mediation—a process aimed at resolving disputes amicably and efficiently outside of the courtroom. One of the most common questions couples considering mediation ask is: How long does divorce mediation take in California?
Understanding the Divorce Mediation Timeline:
While the timeline for divorce mediation in California can vary based on several factors, including the time it takes to identify the right mediator, the complexity of the issues, and the willingness of both parties to cooperate, there are general estimates to consider.
Finding a Mediator:
Only some divorce attorneys are qualified or fit to be your California divorce mediator. Look for someone trained in divorce mediation and qualified to back it up. You and your partner should meet with the mediator to ensure you feel comfortable. Any meeting or discussion with the mediator during the selection process should be joint. One party alone discussing their view of the case with the mediator could create bias on the part of the mediator. Any good California divorce mediator should let you know this.
Initial Sessions: After retaining your mediator, the duration of a California divorce mediation typically begins with an initial consultation, where both parties meet with the mediator to discuss their situation, goals, and concerns. This session can last anywhere from one to two hours.
Subsequent Sessions: Couples typically engage in a series of mediation sessions following the initial consultation. The number of sessions needed can vary widely depending on the complexity of issues such as asset division, child custody, and spousal support. The California divorce mediator may work with you to tackle one issue at a time and then move to the next. Some couples may resolve their issues in just a few sessions. In contrast, others may require several months of mediation to reach agreement. During this time, you will be asked to complete and exchange two financial disclosures, the Schedule of Assets & Debts and Income & Expense Declaration.
Additional Legal Documentation: Once you and your spouse agree on all issues, the California divorce mediator will draft a comprehensive settlement agreement outlining the divorce terms. Depending on the mediator’s workload and responsiveness, this process can take several days to weeks.
Court Approval: After the settlement agreement is drafted, a judge must review and approve it to finalize your mediated divorce terms. The timeline for court approval can vary based on factors such as court backlog. Where there are time constraints, for example, the parties want their divorce completed by year-end, we often hire a private judge to review, approve, and sign the paperwork. This approach can be done quickly, sometimes within a day or two. The paperwork is then filed with the court, and your mediated California divorce will be finalized more quickly.
Summary of Mediation Divorce Timeline:
As we’ve discussed, several factors can influence how long it takes to mediate a divorce in California:
1. Complexity of Issues: Couples with complex financial situations or contentious child custody disputes may require more time to reach agreements.
2. Cooperation Between Parties: The willingness of both parties to cooperate and negotiate in good faith can significantly impact the speed of the California divorce mediation process.
3. Mediator’s Availability: The mediator’s availability and scheduling of mediation sessions can affect the timeline.
4. Legal Counsel: Some couples consult with attorneys during mediation, which can add time for legal review and negotiation.
Tips for Expediting the Process:
While every divorce mediation process is unique, there are several strategies couples can employ to expedite the process:
1. Find Your Mediator Now: Finding a California divorce mediator may take longer than you anticipate. Start looking now.
2. Come Prepared: Arrive at mediation sessions with a clear understanding of your goals and priorities.
3. Be Flexible: Approach negotiations with an open mind and be willing to compromise on specific issues.
4. Communicate Effectively: Maintain open and respectful communication with your spouse and mediator throughout the process.
5. Be Transparent: Be wholly transparent and open with your financial disclosures and other information needed to resolve your divorce.
6. Prioritize Settlement: Focus on reaching fair and equitable agreements rather than prolonging the process out of spite or revenge.
7. Seek Professional Guidance: Consider seeking guidance from your legal professional to review mediation steps and final legal agreements.
Conclusion:
Divorce mediation in California allows couples to resolve their differences amicably and cost- effectively. While the timeline for mediation can vary based on numerous factors, approaching the process with patience, cooperation, and a willingness to compromise can help expedite the process and achieve a successful resolution. By understanding the factors influencing the timeline and implementing strategies to streamline the process, couples can navigate their California divorce mediation more efficiently and quickly.
Ready to hire an experienced mediator to resolve your California divorce? Amy Laughlin holds a Mediation Certification from the Center for Understanding in Conflict (the gold standard California mediation training) and a Certification in Negotiations Mastery from Harvard Business School.
CLICK HERE NOW to schedule a complimentary 30-minute mediation consultation for you and your partner with Amy.
